The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-12-30


II is admitted that the levy for the year
1887 and 1855 is found in chapter 10 OF the
acts of 1887, page "A, under the title AN
Taxing District Of shelby County, Tcnncs.
see, for the Ioais 1887 and 1855"
1t is also admitted that the levy for
these years IL apportloned among the de.
partments and purposes of the district,
in the manner set forth by complainant
IN It's bill. Ii, however any inaccuracies
shall appear 10y comparison with the levy
act itself respondents rscrNe the right Ia
correct the same.
ALLEGED ILLEGAL PAYMENT or SlOd, 900,
FOR USE OF STREETS, BRIDGES, PAVING,
ETC, OFT or FUNDS RlGHrFUIlN BELONG
ING 10 OTHER DEPARTMENTS Ann PuR.
POSES OF THE GOVERNMENT.
This charge is the gruyamen Of the Till,
and is made in The words and figures fol.
| lowing.
Complainant states and charges, upon
information believed 10 he true, that each
and every Of the funds above named have
| been, during the year 1887, illegally III.
vorted from the purposes for which they
were levied and TO which they have been
specifically pledged and appropriated by
the Legislature, aud have been used in a
manner and for purposes Unauthorized by
law, by defendants, u. T. lladdcn and
James Lee, IT,, as commissioners OF said
Taxing District, with the consent Of the
defendant Andrew J. Harris, the trustee
Of Shelby county, the said commissioners
| Illegally drawing warrants payable out OF
| the street account when there WIS no
money TO its credit, and the said trustee
| paying the amount out Of other funds APP
| propriated 10 other purposes. They have
appropriated 10 the department of streets,
bridges, paving, etc, for its uses and purN
| poses Tor the year 1887, the sum Of Sl0d,.
| 900 in excess OF the taxes levied and col.
lectcd for its support for said year.
That IL TO say, they have miSp.
| propriatcd a. the use OF that department
taxes levied and collected aud belonging "a
all Of the other departments Of the munic.
ipal government Tor the year 1857, 80 that
said street account Is ovcrdrawn that
amount, and all Of the other department,
arc IN the aggregate short the same
amount, and have 10 their aggregate credit
that amount less than they should legally
have. Complainant states that in creating
this debt OF about 100000 on street ac.
count, not only was the tax levied for that
| department for the year 1887 exhausted
but said amount Is n debt of 100000 III
excess Of tho amount Of tax levied inl
street account for that wear. II was
diverted and taken from the other depart.
ments OF the city. That Is, from the pub
lie schools, public school buildings wharf
agc, sewers, hospital, fire, police depart
lnenis, printing, etc )"
Answering. respondents deny these allie
cations. They are untrue. They an
founded in total miscOnccption oi III,
rcal facts.
|. II is not true that drafts aggrcgntnI
Sl0d, 900 more than the taxes levied ant
collected for account Of streets, paving
bridges, etc, in the year 1887 were drawn
and paid for that account.
.. II Is not true that sum was illegally
diverted from the other accounts named.
- tsirff9t i,l, thai ANY. sgpl.s Tas tlle
| gaSlxsIlssftsI IrOm said other accounts.
4. Ills not true that the Taxing Disiric
Is indebted SlOd, 900 In the form oi over
drafts, without means TO meet the same.
| b. II is not true that Il owes one iarthing
in the form Oi oycrdraits; or that IL owe
u cent that Il cannot certainly and casil,
satisfy ont Of the proceeds Of solvent dc
linqucnt taxes.
q. II is not true that the aggregate short
ace on the levy Of 1857, for all purposes
except that of streets aud bridges, IL .bou
Sl00,0l0, aud that the shortage vas pro
duccd by Illegally diycrting the taxes i'm
posed for such other purposes, aud misap
plying the same totirccis and bridges
| Fint In order 10 demonstrate w,
untruA 1i the allegation that SION, OJOhav,
been paid Ia streets, bridges, etc, IN 1887
excess Of the levy and collection ior III,
somu year, for said purpose, and that thi
sum was Illegally diverted from the lew
Of 1887 for other purposes, IL Is only ncCcs
sary Ia advert 10 undisputcd facts.
|. The tax levy of 1887, for account o
streets, etc, M shown by the tax books
was sos, 40 80. OF this the sum Of Sos.
$50 ST. was collected Ia date December |
1887 IL appoam from the vouchers in III,
possession Ut the trustee that the total dis
huTscmenis for streets, etc. for the yea
1887 are sl22,iil ~. Deduct total cx
pcndiiurs from total levy. and the cxccs
II $1,000 81 instead Of slOb, 600, - allcgc,
10y complainant Again. the total col
lcctiOns for account oi street. etc, from N
lcvyOi 1857, aggregate slNi IOsl. Dcduc
tDtalcxpcnditurps from total cullcctions.a an,
the excess If expenditures over collection
II $1,000 %, instead NJ slOG, 900. The dat
Tor lhcso estimates can be- found In ihD
trustees office In the most indisputlbl,
form
Respondents show farther that the OK
cess NJ $40 OOt o. Wasuot Illegally diycrir,
from the taxes imposed Tor any other de
partm"nt or purpose oi the said district lo
the year 1887, but was derived from sur
plus back taxes Of iunncr years, which /
was lawful Ia apply ~ said excess. and -
which the other departments and uses %
the said district have no right 81 complain
The books IN the trustees Office demon
slmlc the truth oi this statement
30 far Therefore, from being true lha
Sl06,OO0 IN excess 0f the levy Tor streets
etc, were diverted from the levy n lHS
for other purposes and departments of ~,
district aud miuppmpriitcd Ia streets
etc, not one cent was ~ diverted and mis-
appropriated.
Second Respondents deny the truth o
the allegation that MI departments aud pur
poses, exclusive oi streets, urc short slO6,
900 on the levy made for their benefit IL
tine year 1857
/. The total levy NJ lA,, for the polio.
department il sl2,G2j 90 Ol this IN,
sum Oi ~ ,62l 40 was collected 10 date
December l. To the same date Si3,G
had been expended Tor this purpose, be-
ing ~ 900 M IN excess IT The total levy O
1887 i0r iis benefit. over, and not short
=. Tho total levy Tor the fire department
Tor 1857 IN sbJ,262 ~. Oi this sj3,O2i N
had been collected Ia December I, 1887
and Sll.O77 81 expended for said depart
mcnt during the year 10 date, December !
leaving q surplus In its favor Of t6,Oip ~
Al the wants Of this department dunn.
the year have been met, No bcncllcllr,
has any unsllisiicd claim against this sur
plus No unstlislicd demand for which !
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